N.Y. General Business Law § 790: Certificate of registration required; qualifications and application

§ 790. Certificate of registration required; qualifications and

application. 1. Any person desiring to be engaged in the dispensing of

hearing aids in this state shall be registered biennially pursuant to

this article. Such person shall file with the secretary an application

to be registered as a hearing aid dispenser. The secretary shall examine

each application and issue a certificate of registration if either of

the following criteria are satisfied:

(a) (i) the applicant is twenty-one years of age or older;

(ii) is of good moral character;

(iii) has received a high school diploma or its equivalent;

(iv) has two years college accredited coursework or its equivalent;

(v) has fully completed the required training program;

(vi) has achieved a passing score on the required examination;

(vii) has not had a registration, license or other authorization to

dispense hearing aids suspended or revoked;

(viii) has paid the appropriate fees according to the provisions of

section seven hundred ninety-seven of this article; and

(ix) on or after January first, two thousand three, the applicant

shall demonstrate the successful completion of post-secondary coursework

approved by the secretary in conjunction with the advisory board; or

(b) (i) the applicant has submitted proof of licensure under article

one hundred fifty-nine of the education law as a licensed audiologist;

(ii) has paid the appropriate fees according to the provisions of

section seven hundred ninety-seven of this article;

(iii) has achieved a passing score on the practical test of

proficiency required pursuant to subdivision six of section seven

hundred ninety-six of this article or who submits evidence satisfactory

to the secretary of experience in dispensing hearing aids; and

(iv) has not had a registration, license or other authorization to

dispense hearing aids suspended or revoked according to the provisions

of section seven hundred ninety-nine of this article.

2. An application for a certificate of registration as a hearing aid

dispenser shall be filed with the secretary in such form and detail as

the secretary shall prescribe, duly signed and verified, setting forth:

(a) the name and address of the applicant;

(b) the name and business address or addresses at which the individual

will be employed;

(c) the information contained in subdivision one of this section; and

(d) any further information deemed necessary and prescribed by rule or

regulation by the secretary.

3. (a) Any person who has been continuously registered as a hearing

aid dealer pursuant to the former article thirty-seven-A of this chapter

for the three years immediately preceding January first, two thousand or

who submits evidence satisfactory to the secretary of experience in the

business of dispensing hearing aids in this state for the three years

immediately preceding January first, two thousand, upon payment of

applicable fees, shall be registered as a hearing aid dispenser and

shall be exempt from requirements set forth in subparagraphs (iv), (v),

(vi) and (ix) of paragraph (a) of subdivision one of this section.

(b) Any person who has been continuously registered as a hearing aid

dealer pursuant to the former article thirty-seven-A of this chapter for

less than three years but more than one year immediately preceding

January first, two thousand, or who submits evidence satisfactory to the

secretary of less than three years but more than one year's continuous

experience in the business of dispensing hearing aids in this state

immediately preceding January first, two thousand, may pay the

applicable fees and register as a hearing aid dispenser. Such registrant

shall be exempt from the requirements set forth in subparagraphs (iv),

(v) and (ix) of paragraph (a) of subdivision one of this section. Such

registrant shall achieve a passing score on the required registration

examination by December thirty-first, two thousand; provided further

that, upon failing to achieve a passing score such person shall continue

under the supervision of a registered hearing aid dispenser until such

time as a passing score is achieved, provided that such passing score is

achieved on an examination administered within twelve months of the

first examination.

(c) Any individual who has been continuously registered as a hearing

aid dealer pursuant to the former article thirty-seven-A of this chapter

for less than twelve months immediately preceding January first, two

thousand or any individual with less than twelve months experience in

the business of dispensing hearing aids in this state immediately

preceding January first, two thousand shall be required to comply with

all the requirements set forth in subdivision one of this section.

(d) Any person licensed pursuant to article one hundred fifty-nine of

the education law, who submits evidence satisfactory to the secretary of

experience of dispensing hearing aids in this state for the period

immediately preceding January first, two thousand, upon payment of

applicable fees shall be registered as a hearing aid dispenser and shall

be exempt from requirements set forth in subparagraph (iii) of paragraph

(b) of subdivision one of this section.

4. Upon application to the secretary, a temporary certificate of

registration authorized under section seven hundred ninety-five of this

article shall be issued to: (i) individuals who prove to the

satisfaction of the secretary that he or she will be supervised and

trained by one or more registered hearing aid dispensers for a period of

twelve months or (ii) individuals who are candidates for licensure under

article one hundred fifty-nine of the education law, have satisfied the

educational requirement in subdivision two of section eighty-two hundred

six of the education law, and are actively engaged in completing the

experience requirement in subdivision three of section eighty-two

hundred six of the education law. A temporary certificate of

registration may be renewed only once.

(a) A person holding a temporary certificate of registration shall not

be the sole proprietor of, manage, or independently operate a business

which engages in the business of dispensing hearing aids unless such

business employs a registered hearing aid dispenser.

(b) A person holding a temporary certificate of registration shall not

advertise or otherwise represent that he or she holds a certificate of

registration as a hearing aid dispenser.

(c) A person holding a temporary certificate of registration who is a

candidate for licensure under article one hundred fifty-nine of the

education law shall be exempt from the requirement to complete the

course of instruction prescribed by section seven hundred ninety-six of

this article.

5. (a) Any individual, corporation, partnership, trust, association or

other organization maintaining an established New York state business

address desiring to engage in the business of dispensing hearing aids at

retail, shall register with the department and submit the following

information:

(i) name and address or addresses of each permanent business location;

(ii) names and addresses of the principal owner or manager of the

business and if such owner is a corporation the names and titles of the

corporate officers; if a partnership, the name and title of the general

partners, if a limited liability company the name of the members or

managers, if a limited liability partnership, the names of the partners,

if a trust, the name of the trustee, if an association, the principal

officers; and

(iii) the appropriate fees.

(b) No such individual, corporation, partnership, trust, association

or other organization maintaining an established New York state business

address shall engage in the business of dispensing hearing aids unless

such organization:

(i) has obtained a valid business certificate of registration from the

secretary;

(ii) employs at least one registered hearing aid dispenser at each

business location who regularly dispenses hearing aids at that location;

(iii) files annually with the secretary a list of registered hearing

aid dispensers currently employed; and

(iv) files a statement with the secretary that such organization is in

compliance with the provisions of this article and rules and regu-

lations promulgated pursuant thereto and the regulations of the federal

food and drug administration and the federal trade commission.

6. The secretary may grant a certificate of registration upon

submission of an application and appropriate fees where such application

contains satisfactory proof that the applicant holds a valid hearing aid

dispenser's license or registration in another state, where the secre-

tary has determined such state has requirements equivalent to or higher

than those in effect pursuant to this article.

7. Notwithstanding the provisions of any law to the contrary, on or

after the first day of January first, two thousand, no person shall

engage in the dispensing of hearing aids in this state unless such

person is registered as a hearing aid dispenser in accordance with the

provisions of this article.

8. Notwithstanding the requirements of this section, the secretary

shall take steps necessary to provide for the immediate and orderly

registration of applicants qualified pursuant to this article. Persons

seeking to qualify for registration pursuant to paragraphs (b) and (c)

of subdivision three of this section shall be immediately entitled to a

temporary certificate of registration. Within one hundred twenty days of

the effective date of this subdivision, the secretary shall approve an

examination for completed registration pursuant to section seven hundred

ninety-six of this article.

9. Anyone registered as a hearing aid dealer on the effective date of

this article or who possesses the requisite experience for registration

pursuant to paragraphs (a) and (b) of subdivision three of this section

shall register on or before January first, two thousand and may continue

to dispense hearing aids as if registered if an application for

registration is submitted to the department within thirty days of the

effective date of this article.